H.M.A. PETITION
NO.________ OF 2024.
IN THE MATTER OF: -
MR. XXXXX : PETITIONER NO.1
AND
MRS. XXXXX : PETITIONER NO.2
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S.NO. |
PARTICULARS |
PAGES |
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1. |
MEMO
OF PARTIES. |
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2. |
CERTIFICATES |
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3. |
FIRST MOTION
PETITION UNDER SECTION 13(B)(1) OF THE HINDU MARRIAGE ACT, 1955 (AS AMENDED
UP TO DATE) FOR DISSOLUTION OF MARRIAGE, BY DECREE OF DIVORCE BY MUTUAL
CONSENT. |
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4. |
SUPPORTING
AFFIDAVITS OF THE PETITIONERS. |
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5. |
ANNEXURE P-1(COLLY): COPY OF MARRIAGE PHOTOGRAPH AND MARRIAGE CARD. |
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6. |
ANNEXURE
P-2(COLLY): COPIES OF THE
I.D. PROOFS OF BOTH THE PETITIONERS. |
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7. |
ANNEXURE P-3: COPY OF SETTLEMENT DATED 25.04.2024
BEFORE COUNSELLING CELL, FAMILY COURT, DELHI. |
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8. |
AFFIDAVIT – CUM-UNDERTAKINGTO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE
MATTER OF “SH. RAJAT GUPTA VERSUS RUPALI GUPTA” JUDGMENT PASSED BY THE
HON’BLE HIGH COURT OF DELHI DATED 15.05.2018. OF BOTH THE PETITIONERS |
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9. |
VAKALATNAMAS. |
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PETITIONER NO.1 PETITIONER NO.2
THROUGH
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ADV. XXXXXXXXXX Counsel for
Petitioner No.1
Mob: +91-___________
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XXXXX XXXX Counsel for
Petitioner No.2
Mob. +91-___________
|
H.M.A. PETITION
NO.________ OF 2024.
IN THE MATTER OF: -
MR. XXXXX :
PETITIONER NO.1
AND
MEMO
OF PARTIES
MR. XXXXXXX
S/o Sh. __________
R/o _____________
________________
New
Delhi-1100__ : PETITIONER NO.1
A
N D
MRS.XXXXX,
D/o Sh.__________,
R/o______________,
_________________,
New Delhi-1100__. : PETITIONER NO.2
PETITIONER NO.1 PETITIONER
NO.2
THROUGH
|
ADV. XXXXXXXXXX Counsel for
Petitioner No.1
Mob: +91-___________
|
XXXXX XXXX Counsel for
Petitioner No.2
Mob. +91-___________
|
H.M.A. PETITION
NO.________ OF 2024.
IN THE MATTER OF: -
MR. XXXXXXX
S/o Sh. __________
R/o _____________
________________
New
Delhi-1100__ : PETITIONER NO.1
A
N D
MRS.XXXXX,
D/o Sh.__________,
R/o______________,
_________________,
New Delhi-1100__. : PETITIONER NO.2
FIRST
MOTION PETITION UNDER SECTION 13(B)(1) OF THE HINDU MARRIAGE ACT, 1955 (AS
AMENDED UP TO DATE) FOR DISSOLUTION OF MARRIAGE, BY DECREE OF DIVORCE BY MUTUAL
CONSENT.
MOST RESPECTFULLY SHEWETH :-
1.
That the marriage between the Petitioners (petitioners
herein) in the present petition was solemnized on 04.04.2011 at Arya Samaj Mandir, Delhi in accordance with the Hindu rites
and ceremonies. Necessary affidavits to this effect are filed herewith. Copyof
marriage photograph is annexed herewith as Annexure P-1.
2.
That the status, age and place of residence of the Petitioners
to present petition before the marriage and at the time of filing the present
petition is as under:-
AT THE TIME OF MARRAIGE
|
HUSBAND |
WIFE |
||||
Status
|
Age |
Place of Residence |
Status |
Age |
Place of Residence |
Divorcee
|
42 Yrs |
|
Widow |
28 Yrs |
|
AT THE TIME OF FILING OF THIS PETITION
|
HUSBAND |
WIFE |
||||
Status
|
Age |
Place of Residence |
Status |
Age |
Place of Residence |
Hindu
Married
|
53
Yrs |
|
Hindu
Married |
39
Yrs |
. |
3.
That the Petitioner no.1 and the Petitioner
no.2 are Hindu by birth and believe in Hindu mythology. Copies of the I.D.
proofs of both the Petitioners are annexed herewith and marked as Annexure
P-2 (Colly) for the kind perusal of this Hon'ble Court.
4.
That after the marriage, both the Petitioner
to this petition started living together as a husband and wife, and the Petitioners
have resided together till 16.10.2023 with each other, however, no child was
born out of the said wedlock.
5.
That due to the differences in the
temperaments and behaviour of Petitioner No. 1 & 2 hereto, they could not
live together much longer as husband and wife, and have been living separately
from each other since 16.10.2023.
6.
That all efforts of reconciliation
made by family members, relatives & friends of both the Petitioners
have failed, and now there is no possibility of their reconciliation in the future.
As such the Petitioners have finally decided to obtain
divorce with mutual consent.
7.
That it has been agreed between
the Petitioners that they shall separate from
each other by obtaining a decree of divorce by mutual consent by filing a joint
petition for divorce by mutual consent within the jurisdiction of Delhi.
8.
That the
petitioners have amicably settled all their disputes, differences and claims
against each other before Counselling Cell, Family Court, Tis Hazari Delhi and
executed a Settlement dated 25.04.2024. That the contents of the said Settlement
/ Compromise may be read as a part and parcel of this present petition. Copy
of Settlement dated _______is annexed and marked herewith as Annexure P-3.
9.
That Petitioner no.2 has settled all her
claims in respect of istridhan, past, present and future maintenance, and
permanent alimony. The Petitioner no.2 has agreed that she had already taken all her
istridhan including jewelry, clothes and all other belongings/ items with her,
and nothing is left with the Petitioner no.1 and after receiving the above
alimony, the Petitioner no.2 would refrain from asserting any further claims
regarding her istridhan or any other articles from the Petitioner no.1 or his
family members.
10.
It is has been settled between the Petitioners, that Petitioner
no.1 will pay an amount of Rs. 2,50,000/-
(Rupees Two Lakhs and Fifty Thousand Only) as permanent alimony i.e. a full
and final settlement towards all claims against Petitioner no.1 and his family
and after receiving the same, Petitioner no.2 shall not have any monetary
claims against the Petitioner no.1 and his family members against any movable
and immovable assets. That after the execution of the Settlement,
both the Petitioners agreed and undertake to perform the following act:
a.
That the Petitioner no.1 shall withdraw, by way of written application or otherwise, the Divorce Petition filed against
the Petitioner no.2 which is pending for adjudication before Sh.XXXXXXXXXXXX Ld. Judge Family Court, Central Distt., Tis
Hazari Courts, Delhi after granting first motion divorce petition.
b. That
both the Petitioners
undertakes that if any of the parties
back out form settlement agreement after the signing of the same penalty of Rs.25,000/- (Rupees Twenty Five Thousand
Only) shall be imposed upon the
said party payable to the other party;
c.
It is further agreed between the Petitioners that if either
of the parties commits breach or defaults of the mutually agreement settlement
dated 25.04.2024 after the first motion, if wife back out of the amount taken
at the time of first motion shall be return to husband with 2% p.m. interest
and if husband backs out the amount given at the time of first motion shall
stands forfeited by the wife.
d. That both Petitioners file
the present First Motion Petition under Section 13B(1) on or before 25.10.2024
after signing the Settlement before this Hon’ble Court; A Cash / Draft of
Rs.1,25,000/- (Rupees One Lac and Twenty Five Thousand Only) will be
handed over to the Petitioner no.2 by the Petitioner no.1 at the time of recording
of the statement of both Petitioners on the date of the First Motion.
e.
That Petitioners undertake that the Petitioners file the Second
Motion Petition under Section 13B(2) before this Hon’ble Court within 15 days
after granting first motion divorce; A Cash / Draft of Rs.1,25,000/- (Rupees
One Lac and Twenty Five Thousand Only) will be handed over to the Petitioner
no.2 by the Petitioner no.1 at the time of recording of the statement of both Petitioners
on the date of the Second Motion. For the purpose of waiver of the statutory
period of 6 months as prescribed under the Act as per judgment “Amardeep Singh
v. Harveen Kaur [Civil Appeal No. 11158/2017 dated September 12, 2017]”, Petitioners
will move a relevant application for the waiver of statutory period of six
months. Both the Petitioners undertake to cooperate with each
other for its presentation of the aforesaid petition and application and to
make statements before the Hon'ble Court for the same.
11.
That the Petitioners shall not withdraw
their consent for obtaining the divorce by mutual consent till they obtain the
divorce by mutual consent and both the Petitioners have surrendered their
rights to withdraw their consent for obtaining the divorce by mutual consent.
12.
That after obtaining divorce by mutual
consent, both the Petitioners undertake that they will not interfere in future
life of each other and their respective family members, relatives and friends
and shall not claim any interest in the moveable and immovable properties,
business of both the Petitioners and their family members and both the Petitioners
shall not make any kind of correspondence, complaints, etc. including for any
family member, relative or friend of either of the Petitioners, against each other before any other authority
and police authority and court of law in India. It is categorically understood
that both the Petitioners and their family members shall refrain from
contacting or communicating with the other Petitioner, their relatives and
friends, including on social media sites.
13.
That it is further agreed between both the Petitioners
that they shall be bound to uphold their respective obligations in the Settlement
dated 25.04.2024,if any Petitioner resile from the terms mentioned in the Settlement
then he/she shall be liable to proceedings under The Contempt of Courts Act,
1971.
14.
That it is agreed that both the Petitioners
undertake to remain bound by the terms of Settlement dated 25.04.2024.
15.
That the Petitioners to the present petition have further
undertaken that they shall not level any allegations against each other or
against the family members of each other or cause to act in a manner so as to
harm the reputation and image of the other Petitioner to present petition and
their relatives in the society at large.
16.
That there is no legal impediment for which the relief sought
for can be denied to the petitioners. It is further submitted no other
efficacious remedy is available with the Petitioners for dissolution of the
marriage except by way of the present petition.
17.
That the present petition has been filed by both the Petitioners
with their consent before Hon'ble Court.
18.
That there is no unreasonable or improper delay in filing
this petition.
19.
That there is no impediment in granting the relief as prayed
for in the petition.
20.
That no such petition between the Petitioners is pending
before any other court of law except the present one.
21.
That Petitioner No.2 is residing at _______________New
Delhi-1100__, which is within the jurisdiction of this
Hon’ble Court. Hence, this Hon’ble has got jurisdiction to entertain and try
this petition.
22.
That the appropriate court fees for the purpose of court fee
and jurisdiction has been affixed herein.
PRAYER:-
It is, therefore, most
respectfully prayed to this Hon'ble Court may kindly grant the First Motion and
pass a decree of divorce by mutual consentunder Section 13(B)(1) of the Hindu
Marriage Act, 1955 in favour of the Petitioners.
Any other or further order/ relief
which this Hon’ble Court deems fit and proper in the facts and circumstances of
the case be passed/granted in favor of the petitioners.
PETITIONER NO.1 PETITIONER
NO.2
THROUGH
|
ADV. XXXXXXXXXX Counsel for
Petitioner No.1
Mob: +91-___________
|
XXXXX XXXX Counsel for
Petitioner No.2
Mob. +91-___________
|
|
|
|
VERIFICATION:-
We, the above-named Petitioners do
hereby on solemn affirmation verify that the contents of the above petition
from para no. 1 to ….. are true to my knowledge and those of para no. …..to …. are
true on information received and believed to be true, while the last para is a
prayer to this Hon’ble court.
Verified at
Delhi on this __ day October, 2024.
PETITIONER NO.1 PETITIONER NO.2
H.M.A. PETITION
NO.________ OF 2024.
IN THE MATTER OF: -
MR. XXXXXX :
PETITIONER NO.1
AND
MRS. XXXXX : PETITIONER NO.2
Affidavit
of Mr.XXXX , aged about 53 years S/o Sh.________, R/o_________________, New
Delhi-1100__, do hereby solemnly affirm and declare as under:-
1. That
I am the petitioner no.1 in the present petition and as such am well conversant
with the facts and circumstances of the case as such competent to swear this
affidavit.
2. That
the marriage of the deponent with the Petitioner No.2 solemnized according to
Hindu rites & ceremonies on 08.04.2011 at Arya Samaj Mandir, Delhi.
3. That due to the difference in opinions and temperaments of
the Petitioner no.1 and Petitioner no.2; I, the deponent, and the Petitioner
no. 2 are living separately since 16.10.2023. Despite the interference of the
common friends and relations, the Petitioners hereinafter were not able to
reconcile their dispute and the Petitioners have agreed to dissolve their
marriage by obtaining the decree of mutual consent. All efforts to bring
reconciliation have failed.
4. That I undertake to abide by the terms
mentioned in the Settlement dated 25.04.2024 before Counselling Cell, Family
Court, Delhi in its true letter and spirit.
5. That there is
no unnecessary or improper delay in filing this petition.
6. That there is
no legal impediment in granting the relief as prayed for in the petition.
7. That
the contents of the annexed petition under Section 13-B(1) of the Hindu
Marriage Act, 1955, as amended upto date, have been drafted by my counsel as
per my instructions and the contents of the same have been duly read and
understood by me and after fully understanding the contents of the same, I
hereby state that the facts stated therein are all true and correct to my
knowledge.
8. The facts stated therein may kindly be read as part
and parcel of the present affidavit also as the contents of the same have not
been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION:-
I,
the above-named deponent on solemn affirmation verify that the contents of the
above affidavit from paras no.1 to 8 are true to my knowledge, no part of it is
false and nothing is concealed therefrom.
Verified
at Delhi on ___, October, 2024.
DEPONENT
H.M.A. PETITION
NO.________ OF 2024.
IN THE MATTER OF: -
MR. ASHOK :
PETITIONER NO.1
AND
MRS.
RENU :
PETITIONER NO.2
AFFIDAVIT
Affidavit
of Mrs. XXXX, aged about 39 years, D/o Sh._________,
R/o.____________, New Delhi-1100___., do
hereby solemnly affirm and declare as under:-
1. That I
am the Petitioner No. 2 in the abovenamed matter and am well conversant with
the facts of the case and am also competent to swear the present affidavit.
2. That
the marriage of the deponent with the Petitioner No.1 solemnized according to
Hindu rites & ceremonies on 08.04.2011 at Arya Samaj Mandir, Delhi.
3. That
the deponent is residing separately since 16.10.2023 due to some temperamental
differences.
4. That due to the difference in opinions and temperaments of
the Petitioner no.1 and Petitioner no.2; I, the deponent, and the Petitioner
no. 1are living separately from 16.10.2023. Despite the interference of the
common friends and relations, the Petitioners hereinafter were not able to
reconcile their dispute and the Petitioners have agreed to dissolve their
marriage by obtaining the decree of mutual consent. All efforts to bring
reconciliation have failed.
4. That I undertake to abide by the terms
mentioned in the Settlement dated 25.04.2024 before Counselling Cell, Family
Court, Delhi in its true letter and spirit.
5. That there is
no unnecessary or improper delay in filing this petition.
6. That there is
no legal impediment in granting the relief as prayed for in the petition.
7. That
the contents of the annexed petition under Section 13-B(1) of the Hindu
Marriage Act, 1955, as amended upto date, have been drafted by my counsel as
per my instructions and the contents of the same have been duly read and
understood by me and after fully understanding the contents of the same, I
hereby state that the facts stated therein are all true and correct to my
knowledge.
8. The facts stated therein may kindly be read as part
and parcel of the present affidavit also as the contents of the same have not
been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION:-
I, the
above-named deponent on solemn affirmation verify that the contents of the
above affidavit from paras no.1 to 8 are true to my knowledge, no part of it is
false and nothing is concealed therefrom.
Verified at
Delhi on ____, October, 2024.
DEPONENT
H.M.A. PETITION
NO.________ OF 2024.
IN THE MATTER OF: -
MR. ASHOK :
PETITIONER NO.1
AND
MRS.
RENU :
PETITIONER NO.2
AFFIDAVIT-CUM-UNDERTAKING
TO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “SH. RAJAT GUPTA VERSUS
RUPALI GUPTA” JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI DATED
15.05.2018.
Affidavit
of Mr. XXXXX, aged about 53 years S/o Sh._________, R/o_________________, New
Delhi-1100__, do hereby solemnly affirm and declare as under:-
1.
That I am the petitioner no.1 (husband) in the present petition
and as such am well conversant with the facts and circumstances of the case as
such competent to swear this affidavit.
2.
That the deponent got married to the Petitioner no.2 on 08.04.2011
at Arya Samaj Mandir, Delhi according to Hindu Rites and Customs.
3.
That after the marriage
both the Petitioners to this petition started living together as a husband and
wife, and the Petitioners have resided together till 16.10.2023 with each
other, however, no child was born out of the said wedlock.
4.
That due to the
difference in opinions and temperaments of the Petitioner no.1 and Petitioner
no.2. I, the deponent, and the Petitioner no. 2 are living separately from 16.10.2023.
Despite the interference of the common friends and relations, the Petitioners
hereinafter were not able to reconcile their dispute and the Petitioners have
agreed to dissolve their marriage by obtaining the decree of mutual consent.
All efforts to bring reconciliation have been failed.
5.
That Petitioner No. 2 and
I have already settled all the claims regarding the istridhan/ maintenance/belongings/
articles with each other by way of Settlement Deed dated 25.04.2024 and I shall
not file any fresh or separate claim petition or any other complaint or any
other proceedings against Petitioner No. 2 qua the matrimonial disputes. The
matter has been settled between the Petitioner No. 2 and Petitioner No.1 in
accordance with Settlement Deed dated 25.04.2024 and under the following
terms:-
i.
It has been agreed between the Petitioners
that the Petitioners shall not claim towards stridhan, dowry articles, past,
present and future alimony and maintenance, etc. from each other except as
mentioned in the Settlement dated 25.04.2024. I and my family members shall
raise no claim regarding the marriage whatsoever against the Petitioner No. 2
and her family members.
ii.
That after obtaining the Divorce by mutual
consent from the matrimonial court and after fulfillment of terms of Settlement
dated 25.04.2024, I undertake that I shall not file any type of case either
matrimonial, civil or criminal regarding Jewelry, dowry, istridhan, maintenance
(present, past and future, permanent alimony or any other claim, in court of
law/police authorities against the Petitioner No. 2, her family members or
other relations in future regarding my matrimonial disputes, either in India or
abroad. I also undertake that I shall not have any right, claim/interest in the
moveable and immoveable properties i.e. either self-acquired or inherited, of
the Petitioner No. 2 or any of her family member and relations, in their
respective businesses and service benefits besides an undertaking that no Petitioners
shall interfere in the personal as well as professional life of each other.
iii.
That after granting the decree of divorce by
the concerned matrimonial court, both the Petitioners undertake not to file any
type of case i.e. civil, criminal or matrimonial, against each other, their
parents and relations, in any court of law or authorities or Police Stations in
any manner whatsoever except on account of breach of the aforesaid Settlement Deed.
6.
That it has been assured by both the Petitioners
that none of them have and shall raise any claim/s in respect of any movable
and/or immovable properties, goods and assets of each other or their respective
parents/family members.
7.
That as the Petitioners hereto do not have
any grievance left against each other, therefore, in view of the same, they
have further undertaken that they shall not lay any allegations against each
other or each other’s parents/relatives or cause to act in a manner so as to
harm the reputation and image of the other, in the family or the society at
large.
8.
That the Petitioners to the petition have
taken a decision to break their matrimonial ties keeping in view the further
welfare and better prospects of themselves.
9.
That it is agreed between the Petitioners
that for breach of undertaking given to the concerned court or willful/deliberate
violation of the consent order/decree, the defaulting Petitioner will be liable
to be punished for contempt of court.
10.
That the petitioners are fully satisfied
with the present arrangement and as such they will not file any claim of any
nature whatsoever in future including claim for maintenance, permanent alimony
etc. against each other or their respective family members.
11.
That if either of the petitioners has filed
any complaint which is not in knowledge of either of the petitioners in any
court of law, police or any other authority either in New Delhi of any in part
of India then it shall deemed to be considered as compromised and withdrawn and
shall not have any legal effects.
12.
That in case of any breach/ violation /willful/
deliberate disobedience of the terms of the Settlement dated 25.04.2024,
breach, violation of any of the terms of the Settlement dated 25.04.2024, I
shall be liable to be punished for contempt of court.
13.
I undertake to abide by the stipulation as
contained in the judgment dated 15.05.2018 passed by the Hon’ble High Court of
Delhi in the matter of “Rajat Gupta Vs Rupali Gupta” in Cont. Case (C)
772/2013.
14.
I say that the above petition is not
presented in collusion with petitioner No.2.
15.
I say that the consent for divorce by mutual
consent has not been obtained by force, fraud or undue influence.
16.
I say that I have gone through the
accompanying petition for dissolution of marriage by decree of divorce by
mutual consent under Section 13B (1) of the Hindu marriage Act, 1955 and the
contents of the same are correct as per my knowledge and no part of it is
false.
17.
I say that the contents of the accompanying
petition may be read as part of this affidavit as those are not being repeated
herein for the sake of brevity.
18.
That there has not been any unnecessary or
improper delay instituting the present petition.
19.
That the Petitioner No.2 (wife) is residing at_____________-,
New Delhi-1100__ which
is within the
jurisdiction of this Hon’ble Court. Hence, this Hon’ble has got jurisdiction to
entertain and try this petition.
DEPONENT
VERIFICATION:
Verified at New Delhi on this ___ day of October, 2024 on solemn
affirmation and state that the contents of my above affidavit are true and
correct and nothing material has been concealed therefrom.
DEPONENT
H.M.A. PETITION
NO.________ OF 2024.
IN THE MATTER OF: -
MR. XXXXX :
PETITIONER NO.1
AND
MRS.
XXXXX :
PETITIONER NO.2
AFFIDAVIT-CUM
UNDERTAKING TO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “SH. RAJAT
GUPTA VERSUS RUPALI GUPTA” JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI
DATED 15.05.2018.
Affidavit of Mrs. Renu, aged about
39 years, D/o Sh.__________, R/o____________, New Delhi-1100__., do hereby solemnly
affirm and declare as under:-
1.
That I am petitioner no.2 (wife)in the present petition and as
such am well conversant with the facts and circumstances of the case as such
competent to swear this affidavit.
2.
That the deponent got married to the Petitioner no. 1 on 08.04.2011
at Arya Samaj Mandir, Delhi according to Hindu Rites and Customs.
3.
That after the marriage
both the Petitioners to this petition started living together as a husband and
wife, and the Petitioners have resided together till 16.10.2023 with each
other, however, no child was born out of the said wedlock.
4.
That due to the
difference in opinions and temperaments of the Petitioner no.1 and Petitioner
no.2; I, the deponent, and the Petitioner no. 1 are living separately from 16.10.2023.
Despite the interference of the common friends and relations, the Petitioners
hereinafter were not able to reconcile their dispute and the Petitioners have
agreed to dissolve their marriage by obtaining the decree of mutual consent.
All efforts to bring reconciliation have been failed.
5.
That Petitioner No. 1 and
I have already settled all the claims regarding the istridhan/ maintenance /belongings/
articles with each other by way of Settlement Deed dated 25.04.2024 and I shall
not file any fresh or separate claim petition or any other complaint or any
other proceedings against Petitioner No. 2 qua the matrimonial disputes. The
matter has been settled between the Petitioner No. 2 and me in accordance with Settlement
dated 25.04.2024and under the following terms:-
i.
It has been agreed between the Petitioners
that the Petitioners shall not claim towards istridhan, dowry articles, past,
present and future alimony and maintenance, etc. from each other except as
mentioned in the Settlement dated 25.04.2024. I and my family members shall raise no
claim regarding the marriage whatsoever against the Petitioner No. 1 and his
family members.
ii.
That after obtaining the Divorce by mutual
consent from the matrimonial court and after fulfillment of terms of Settlement dated 25.04.2024,
I undertake that I shall not file any type of case either matrimonial, civil or
criminal regarding Jewelry, dowry, istridhan, maintenance (present, past and
future, permanent alimony or any other claim, in court of law/police
authorities against the Petitioner No. 1, his family members or other relations
in future regarding my matrimonial disputes, either in India or abroad. I also
undertake that I shall not have any right, claim/interest in the moveable and
immoveable properties i.e. either self-acquired or inherited, of the Petitioner
No. 1 or any of his family members and relations, in their respective
businesses and service benefits. Besides an undertaking that no Petitioners
shall interfere in the personal as well as professional life of each other.
iii.
That after granting the decree of divorce by
the concerned matrimonial court, both the Petitioners undertake not to file any
type of case i.e. civil, criminal or matrimonial, against each other, their
parents and relations, in any court of law or authorities or Police Stations in
any manner whatsoever except on account of breach of the aforesaid Settlement Deed.
6.
That it has been assured by both the Petitioners
that none of them have and shall raise any claim/s in respect of any movable
and/or immovable properties, goods and assets of each other or their respective
parents/family members.
7.
That as the Petitioners hereto do not have
any grievance left against each other, therefore, in view of the same, they
have further undertaken that they shall not lay any allegations against each
other or each other’s parents/relatives or cause to act in a manner so as to
harm the reputation and image of the other, in the family or the society at
large.
8.
That the Petitioners to the petition have
taken a decision to break their matrimonial ties keeping in view the further
welfare and better prospects of themselves.
9.
That it is agreed between the Petitioners
that for breach of undertaking given to the concerned court or willful/deliberate
violation of the consent order/decree, the defaulting Petitioner will be liable
to be punished for contempt of court.
10.
That the petitioners are fully satisfied
with the present arrangement and as such they will not file any claim of any
nature whatsoever in future including claim for maintenance, permanent alimony
etc. against each other or their respective family members.
11.
That if either of the petitioners has filed
any complaint which is not in knowledge of either of the petitioners in any
court of law, police or any other authority either in New Delhi of any in part
of India then it shall deemed to be considered as compromised and withdrawn and
shall not have any legal effects.
12.
That in case of any breach / violation / willful
/ deliberate disobedience of the terms of the Settlement dated 25.04.2024,
breach, violation of any of the terms of the Settlement dated 25.04.2024, I
shall be liable to be punished for contempt of court.
13.
I undertake to abide by the stipulation as
contained in the judgment dated 15.05.2018 passed by the Hon’ble High Court
of Delhi in the matter of “Rajat Gupta Vs Rupali Gupta” in Cont. Case (C)
772/2013.
14.
I say that the above petition is not
presented in collusion with Petitioner No.1.
15.
I say that the consent for divorce by mutual
consent has not been obtained by force, fraud or undue influence.
16.
I say that I have gone through the
accompanying petition for dissolution of marriage by decree of divorce by
mutual consent under Section 13B (1) of the Hindu marriage Act, 1955 and the
contents of the same are correct as per my knowledge and no part of it is
false.
17.
I say that the contents of the accompanying
petition may be read as part of this affidavit as those are not being repeated
herein for the sake of brevity.
18.
That there has not been any unnecessary or
improper delay instituting the present petition.
19.
That I am residing at_________________, New
Delhi-1100_ which
is within the
jurisdiction of this Hon’ble Court. Hence, this Hon’ble has got jurisdiction to
entertain and try this petition.
DEPONENT
VERIFICATION:
Verified at New Delhi on this ___ day of October, 2024 on solemn
affirmation and state that the contents of my above affidavit are true and
correct and nothing material has been concealed therefrom.
DEPONENT
H.M.A. PETITION
NO.________ OF 2024.
IN THE MATTER OF: -
MR. XXXX :
PETITIONER NO.1
AND
CERTIFICATE
I, XXXXXXX,
Advocate Enrolment No.D/XX/XXXX, do hereby certify that I have personally
verified the copies of the documents of the Petitioner no.1 enclosed with the
petition with the originals and that the same are true copies of their
respective originals. I also undertake to submit the duly signed and attested
petition in the Court and to make up the deficiency if any, in the court fee
within the stipulated time frame.
XXXXXXXXX
ADVOCATE
__________________,
New
Delhi-1100__.
Mob: +91-__________
H.M.A. PETITION
NO.________ OF 2024.
IN THE MATTER OF: -
MR. XXXXX :
PETITIONER NO.1
AND
CERTIFICATE
I, ______________,
Advocate Enrolment No.D-XX/XXXX, do hereby certify that I have personally
verified the copies of the documents of the Petitioner no.2 enclosed with the
petition with the originals and that the same are true copies of their
respective originals. I also undertake to submit the duly signed and attested
petition in the Court and to make up the deficiency if any, in the court fee
within the stipulated time frame.
XXXXXXXXXX
ADVOCATE
H.M.A. PETITION
NO.________ OF 2024.
IN THE MATTER OF: -
MR. XXXXXX :
PETITIONER NO.1
AND
CERTIFICATE
I, Ashok, the
Petitioner no.1, do hereby certify that the documents annexed to the petition
are true copies of their respective originals. The documents so annexed are
selfattested and if the same are found to be false and fabricated, I shall make
myself liable for civil and criminal legal action. I undertake to submit the
duly signed and attested petition, in original in the Court and to make up the
deficiency if any, in the Court fee within the stipulated time frame.
XXXXX,
S/o_____________,
R/o_________________,
New Delhi-1100__.
H.M.A. PETITION
NO.________ OF 2024.
IN THE MATTER OF: -
MR. XXXXX :
PETITIONER NO.1
AND
CERTIFICATE
I, XXXX, the
Petitioner no.2, do hereby certify that the documents annexed to the petition
are true copies of their respective originals. The documents so annexed are
selfattested and if the same are found to be false and fabricated, I shall make
myself liable for civil and criminal legal action. I undertake to submit the
duly signed and attested petition, in original in the Court and to make up the
deficiency if any, in the Court fee within the stipulated time frame.
XXXX
D/o Sh. ___________
R/o________________,
, New
Delhi-1100__.